STATE OF RAJASTHAN Vs. BAJRANG SINGH

JUDGEMENT

(1.) Since a common question is involved in all these appeals, the same are being decided by this common order. The D.B. Civil Special Appeal (Writ) No. 463/2005 has been preferred against the order dated 24.5.2005 passed in S.B. Civil Writ Petition No. 1841/1999. The D.B. Civil Special Appeal (Writ) No. 541/2006 has been preferred against the order dated 2.6.2005 passed in S.B. Civil Writ Petition No. 773/1999, whereby the above writ petition was allowed in terms of the order dated 24.5.2005 passed in S.B. Civil Writ Petition No. 1841/1999. The D.B. Civil Special Appeal (Writ) No. 309/2007 has been preferred against the order dated 3.8.2005 passed in S.B. Civil Writ Petition No. 1542/2001 whereby the above writ petition was disposed of in terms of the order dated 24.5.2005 passed in S.B. Civil Writ Petition No. 1841/1999.

(2.) The common facts, involved in all these appeals, are that all the private respondents were appointed as Fieldman, Garden Supervisor, Grape-pruner, Village Extension Worker and the Field Assistant in the Agriculture Department prior to 20.4.1977. At the time of appointment of the private respondents on the above mentioned posts, no educational qualification was prescribed as there were no service rules. The persons having qualification of matriculation or non-matriculation were given appointment at the District level by the competent authorities in the Agriculture Department. However, the above mentioned posts were re-designated as Agriculture Supervisors by the order dated 20.4.1977 bearing pay scale No. 7 (Rs. 355-570). However, vide order dated 18.6.1980 issued by the competent authority, pay scale No. 7 was granted to the Agriculture Supervisors irrespective of their educational qualification.

(3.) The Rajasthan Agriculture Subordinate Service Rules, 1978 (hereinafter referred to as 'the Rules of 1978') were promulgated vide notification dated 29.6.1978 and as per Rule 5 of the Rules of 1978, all the persons holding substantive posts specified in the schedule and all the persons regularly recruited in the service before the commencement of Rules of 1978, were made the members of service. In the Rules of 1978, the promotional post of the Agriculture Supervisor is Assistant Agriculture Officer. The post of Assistant Agriculture Officer was to be filled 50% by direct recruitment and 50% by promotion. For promotion to the post of Assistant Agriculture Officer, a person was required to have 10 years experience on the post of Agriculture Supervisor, however, no qualification was required for promotion.